Wellhead Protection Tools


Applicability to
Wellhead Protection

Land Use
Practice

Legal
Considerations

Administrative
Considerations

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Regulatory: Zoning
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Overlay GW
Protection Districts
RGI MANDATED, TO BE ACCOMPLISHED WITH RGI MAPS AND DATABASE
Use to map WHPA's. Provides for identification of sensitive areas for protection. Used in conjunction with other tolls that follow. Community identifies with WHPA's on practical base/zoning map. Well accepted method of identifying sensitive areas. May face legal challenges if WHPA boundaries are based solely on arbitrary delineation. Requires staff to develop overlay map. Inherent nature of zoning provides "grandfather" protection to pre-existing uses and structures.
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Large-Lot Zoning
SIMILAR REGs IN PLACE? Modify to incorporate WHPAs
Used to reduce impacts of residential development by limiting numbers of units within WHPA's. Community "down zones" to increase minimum acreage needed for residential development. Well recognized prerogative of local government. Requires rational connection between minimum lot size selected and resource protection goals. Arbitrary large lot zones have been struck down without logical connection to Master Plan or WHPA program. Requires amendment to zoning ordinance.
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Performance Standards
EQUIVALENT APPROACH TO SENSITIVE RESOURCE RECATEGORIZATION APPROACH
Used to regulate development within WHPA's by enforcing predetermined standards for water quality. Allows for aggressive protection of WHPA's by limiting development within WHPA's to an accepted level. Community identifies WHPA's and established "thresholds" for water quality. Adoption of specific WHPA performance standards requires sound technical support. Performance standards must be enforced on a case-by-case basis. Complex administrative requirements to evaluate impacts of land development within WHPA's.
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Legislative:
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Regional WHPA Districts
IDENTICAL TO SENSITIVE RESOURCE RECATEGORIZATION OBJECTIVES
Used to protect regional aquifer systems by establishing new legislative districts that often transcend existing corporate boundaries Requires state legislative action to create a new legislative authority. Well accepted method of protecting regional groundwater resources. Administrative requirements will vary depending on the goal of the regional district. Mapping of the regional WHPA's requires moderate administrative support while creating land use controls within the WHPA will require significant administrative personnel and support.
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Regulatory: Health Regulations
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Privately-Owned
Wastewater Treatment
Plants (Small Sewage
Treatment Plants)
RECOMMENDED, BUT WITH "REGULATED" SUBSTITUTED FOR "PROHIBITED"
Used to prohibit Small Sewage Treatment Plants (SSTP) within WHPA's.
CLARIFY DEFINITION OF "SMALL" PLANTS
Community adopts health/zoning ordinance prohibiting SSTPs within WHPA's. Community adopts special permit or performance standards for use of SSTPs within WHPA's. Well accepted regulatory option for local government. Prohibition of SSTP's requires little administrative support. Regulating SSTP's requires moderate administrative support for inspection follow-up and enforcement.
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Septic System Upgrades
IMPRACTICAL
     ALTERNATIVE:
RECOMMEND ADOPTION  OF COST-EFFECTIVE EXTENDED TREATMENT OPTIONS
Used to require periodic inspection and upgrading of septic systems. Community adopts health/zoning ordinance requiring inspection and, if necessary, upgrading of septic systems on a time basis (i.e. every 2 years) or upon title/property transfer. Well accepted purview of government to ensure protection of groundwater. Significant administrative resources required for this option to be successful.
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Toxic and Hazardous
Materials Handling
Regulations
RECOMMENDED: GOES BEYOND HOUSEHOLD HAZARDOUS WASTE COLLECTION
Used to ensure proper handling and disposal of toxic materials/waste. Community adopts health/zoning ordinance requiring registration and inspection of all businesses within WHPA using toxic/hazardous materials above certain quantities. Well accepted purview of government to ensure protection of groundwater. Requires administrative support and on-site inspections.
DO NON-RESIDENTIAL SEWAGE REGs EXIST?
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Non-Regulatory: Land Transfer and Voluntary Restrictions
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Limited Development
RECOMMENDED
(CHECK IF IN PLACE)
As the title implies, this technique limits development to portions of a land parcel outside of WHPA's. Land developers work with community as part of a cluster/PUD to develop limited portions of a site and restrict other portions, particularly those within WHPA's. Similar to those noted in cluster/PUD under zoning. Similar to those noted in cluster/PUD under zoning.
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Monitoring
RECOMMENDED
(CHUBBUCK AND POCATELLO ALREADY HAVE SOME MON. WELLS)
Used to monitor ground water quality within WHPA's. Communities establish groundwater monitoring program within WHPA. Communities require developers within WHPA's to monitor groundwater quality downgradient from their development. Accepted method of ensuring groundwater quality. Requires moderate administrative staffing to ensure routine sampling and response if sampling indicates contamination.
OTHER POSSIBLE RECOMMENDED ORDINANCE TYPES (PENDING FURTHER INVESTIGATION):
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Regulatory: Subdivision Control
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Drainage Requirements
POCATELLO POLICY, NOT YET ORDINANCE (SOON TO BE) RESIDENTIAL = NO OR LIMITED DRY WELLS; COMMERCIAL = RUNOFF HAS TO BE TREATED
Used to ensure that subdivision road drainage is directed outside of WHPA's. Used to employ advanced engineering designs of subdivision roads within WHPA's.
POCATELLO POLICY DOES NOT ADDRESS ROAD DRAINAGE SPECIFICALLY, BUT AS A PART OF REQUIRED DRAINAGE PLAN
Community adopts stringent subdivision rules and regulations to regulate road drainage/runoff in subdivisions within WHPA's. Well accepted purpose of subdivision control. Requires moderate level of inspection and enforcement by administrative staff.
NOTE: CHUBBUCK UTILIZES DRY WELLS EXTENSIVELY; HOW ADDRESSED?
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Regulatory: Zoning
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Prohibition of
Various Land Uses
ALREADY IN PLACE? LOOK INTO LIST OF CURRENTLY RESTRICTED USES (Steve, Tom M.)
Used within mapped WHPA's to prohibit known groundwater contaminants and uses that generate contaminants. Community adopts prohibited uses list within their zoning ordinance. Well recognized function
of zoning. Appropriate
technique to protect
natural resources from
contamination.
Requires amendment to zoning ordinance. Requires enforcement by both visual inspection and on-site investigations.